Section 48 Execution of documents by companiesC1C2C3
Scotland
The following provisions form part of the law of Scotland only.
Notwithstanding the provisions of any enactment, a company need not have a company seal.
For the purposes of any enactment—
providing for a document to be executed by a company by affixing its common seal, or
referring (in whatever terms) to a document so executed,
a document signed or subscribedF1(or, in the case of an electronic document, authenticated) by or on behalf of the company in accordance with the provisions of the Requirements of Writing (Scotland) Act 1995 (c. 7) has effect as if so executed.
Annotations
Textual amendments
- F1
Words in s. 48(3) inserted (8.12.2014) by Land Registration etc. (Scotland) Act 2012 (asp 5), ss. 122, 123, sch. 5 para. 50(2) (with s. 121, sch. 4 paras. 13, 16); S.S.I. 2014/127, art. 2
Modifications
- C1
S. 48 applied (with modifications) (1.10.2009) by The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 (S.I. 2009/1804), regs. 2, 5
- C2
S. 48 applied (with modifications) (1.10.2009) by The Overseas Companies (Execution of Documents and Registration of Charges) Regulations 2009 (S.I. 2009/1917), reg. 5 (with Sch.)
- C3
S. 48 applied (with modifications) (1.10.2009) by The Unregistered Companies Regulations 2009 (S.I. 2009/2436), regs. 3-5, Sch. 1 para. 3(e) (with transitional provisions and savings in regs. 7, 9, Sch. 2)
- C4
S. 48(3) applied (with application in accordance with rule 3 of the amending S.I.) by The Postal Administration (Scotland) Rules 2016 (S.I. 2016/900), rules 1, 78(2)
Notes on Part 4
Modifications
- C1
Pts. 1-39 modified (31.12.2020) by Regulation (EC) No. 2157/2001, Art. AAA1(3) (as inserted by The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1298), regs. 1, 97 (with regs. 140-145) (as amended by S.I. 2020/523, regs. 1(2), 5(a)-(f)); 2020 c. 1, Sch. 5 para. 1(1))
- C2
Pts. 1-39 (except for Pt. 7 and ss. 662-669), 45-47 extended (12.5.2011) by The Companies Act 2006 (Consequential Amendments and Transitional Provisions) Order 2011 (S.I. 2011/1265), art. 5(1), Sch. 1 para. 2